Author: Azadeh Haidari-Garmash, RCIC
Federal Government Halts Additional Points for LMIA-Supported Jobs
In a significant policy shift, the federal government announced it would cease awarding extra points to certain temporary foreign workers seeking permanent residency. This decision follows an investigative collaboration between CBC News and the Investigative Journalism Foundation (IJF), which revealed the ease with which LMIA-supported jobs could be bought and sold online.
A Drastic Yet Expected Move
On Tuesday, Minister of Immigration, Refugees and Citizenship Marc Miller unveiled the changes to the Express Entry program. Applicants will no longer gain 50 or 200 extra points for positions backed by a Labour Market Impact Assessment (LMIA). This change aims to curb the misuse of LMIAs, a document enabling employers to hire foreign workers when no local candidates are available.
Announced during a press conference, Miller emphasized that the adjustment seeks to enhance fairness and integrity within the system. "This measure is expected to remove the incentive for candidates to purchase an LMIA, thereby reducing fraud," he stated.
Mixed Reactions from Stakeholders
While some have shown support, hailing it as a step towards a more equitable immigration pathway, others like Calgary-based immigration lawyer Jatin Shory, label the change as "drastic" but anticipated. Shory noted that while fraud reduction is crucial, "good actors" might suffer due to the misconduct of a few.
Concerns Over Exploitation
Critics argue that LMIA-supported positions, often coupled with closed work permits, exacerbate worker dependency on employers. A recent parliamentary report echoed this concern, suggesting such permits might discourage workers from reporting unsafe conditions due to fear of repercussions.
John No, a Toronto labour lawyer, advocates for granting permanent residence upon arrival. "Exploitation will happen even if we tinker with it," he asserted, highlighting the need for immediate status for newcomers to ensure stability and protection.
A Black Market for LMIAs
The CBC/IJF investigation uncovered a thriving black market for LMIAs, with offers ranging from $25,000 to $45,000 for LMIA-approved jobs. These transactions often included fraudulent documents, posing significant risks to the integrity of Canada’s immigration system.
Communication: The Key to Combating Fraud
Shory believes the success of this policy change hinges on effective communication. "Ghost consultants, often the first point of contact for prospective immigrants, control the narrative," he explained. Without clear messaging, vulnerable individuals may not realize that purchasing an LMIA no longer benefits their residency applications.
A Continuing Effort to Reform
This policy shift is part of broader federal efforts to streamline immigration and reduce reliance on temporary foreign workers. Measures such as restricting LMIAs for low-wage jobs in high-unemployment areas further illustrate the government's commitment to refining the immigration landscape.
As Canada navigates these changes, the balance between protecting vulnerable workers and maintaining a robust immigration system remains a critical challenge. The path forward will require not only policy adjustments but also a concerted effort to educate and empower prospective newcomers.
